Judgment No. 26798 of 2024: Implicit Contestation of Aggravating Circumstances

The Court of Cassation, with judgment no. 26798 of June 11, 2024, provided an important clarification regarding aggravating circumstances, particularly concerning implicit contestation. This legal principle plays a crucial role in the criminal field, as it determines the methods of indictment and the validity of aggravating circumstances in the criminal process.

The Context of the Judgment

In the case examined, the defendant M. G. had been convicted by the Court of Appeal of Genoa for a theft offense, which referred to specific aggravating circumstances. However, the Court of Cassation deemed that the aggravating circumstance under Article 625, No. 7, of the Penal Code - necessary for the ex officio proceeding - could not be considered implicitly contested.

The Court emphasized that if the indictment contains the explicit contestation of a different aggravating circumstance, another unmentioned aggravating circumstance cannot be automatically assumed to be acknowledged. This principle is fundamental to ensure the defendant's right to defense and to prevent legal conclusions that do not correspond to the indictment itself.

The Maxim of the Judgment

Implicit contestation of aggravating circumstance - Possibility - Exclusion - Case. In terms of circumstances, an aggravating circumstance cannot be deemed implicitly contested in fact and recognized in judgment when the indictment contains the explicit contestation of a different aggravating circumstance, with the indication of the relevant legal references and with a detailed description of the conduct. (In applying this principle, the Court annulled the appeal decision that, in the silence of the indictment and the first-instance decision, had deemed the aggravating circumstance under Article 625, No. 7, of the Penal Code, necessary for the ex officio proceeding of the theft crime, implicitly contested, following the amendments introduced by Legislative Decree No. 150 of October 10, 2022, on the grounds that only the aggravating circumstance of violence against property had been contested, which is irrelevant for these purposes).

Practical Implications of the Judgment

This decision has significant repercussions in criminal law, as it clearly establishes that the formulation of the indictment must be precise and detailed, avoiding ambiguities that could infringe upon the rights of the defendant. Therefore, it is essential for defense attorneys and prosecutors to pay particular attention to the drafting of documents, to ensure that each aggravating circumstance is clearly contested.

  • Clarity in the indictment: avoid ambiguous contestations.
  • Recognition of the defendant's rights: ensure a fair trial.
  • Importance of legislative amendments: consider recent changes to the Penal Code.

Conclusions

In conclusion, judgment no. 26798 of 2024 represents an important step towards greater protection of the rights of defendants in the criminal process. The Court of Cassation clarified that implicit contestation of aggravating circumstances cannot be accepted unless expressly provided for in the indictment. This principle not only strengthens legal certainty but also safeguards the principle of legality, ensuring that no one can be convicted for facts not specifically contested.

Bianucci Law Firm